The effects of a defendant's childhood physical abuse on lay support for sentencing: The moderating role of essentialism

Author:

Xie Sandy S.1,Berryessa Colleen M.1

Affiliation:

1. School of Criminal Justice Rutgers University Newark New Jersey USA

Abstract

AbstractResearch suggests that a defendant's history of experiencing childhood abuse, and its effects on their life and later decision‐making, may impact public support for a defendant's sentencing, particularly mitigation. However, no existing research has examined how and why sentencing support may vary based on the time period when the abuse occurs during a defendant's childhood. This experiment, using a sample of the U.S. public (N = 400), examines how the age at which a defendant's childhood physical abuse occurs affects lay support for the goals of their sentencing. We hypothesized that participants with higher levels of social and biological trait essentialism would moderate their increased support for more punitive sentencing goals—particularly when a defendant was abused earlier, rather than later, in childhood. Results suggest that social essentialism is associated with increased support for restoration and rehabilitation toward defendants with histories of childhood physical abuse, potentially indicating that the public views the effects of child abuse as more of a social, versus biological, process which may affect support for utilitarian punishment goals.

Publisher

Wiley

Reference103 articles.

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2. Alberta Health Services. (2002).Growth and development ages 2 to 5 years.https://myhealth.alberta.ca:443/Health/Pages/conditions.aspx?hwid=ta3612

3. Trauma and sentencing: The case for mitigating penalty for childhood physical and sexual abuse;Bagaric M.;Stanford Law and Policy Review,2019

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